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Questions Answered by Stephen K. Hachey
2 Answers | Asked in Real Estate Law for Florida on
Q: have four properties on my name and my exboyfriends name. what can i do to get my part. or to keep at liease one of them

my ex refuses to let me in one of the properties we both own. what can i do legally to make him understand that the title in on both names and i am an owner as much as he is. we are not married. have been together for over 25 years.

Stephen K. Hachey
Stephen K. Hachey answered on Jul 22, 2020

Partition lawsuit would be one option.

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3 Answers | Asked in Real Estate Law and Small Claims for Florida on
Q: We purchased a foreclosed house, but are unsure if we need to send a 3 day notice for eviction.

We recently purchased a foreclosed property in Palm Beach County, Florida. There are squatters currently occupying the house, and we are attempting to evict them. We were issued a self service packet with forms for unlawful detainers. The forms mention nothing regarding a 3 day notice, nor do they... Read more »

Stephen K. Hachey
Stephen K. Hachey answered on Jun 22, 2020

You would not need to file a separate lawsuit for unlawful detainer. I would recommend hiring an attorney to file a motion for a writ of possession in the original foreclosure case as a 3rd party purchaser.

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2 Answers | Asked in Real Estate Law for Florida on
Q: I need to have my name removed from a mortgage My name is not on the deed but it is on the mortgage. Is this Possible?

I have not lived in the home for 11 years. About 5 years my ex was having issues paying the home. The mortgage company refinanced it through the making homes afordable program. Part of the qualification for that is I couldn't live in the house.They told me to have a qc deed filed to remove... Read more »

Stephen K. Hachey
Stephen K. Hachey answered on Jun 4, 2020

When you sign a quit claim deed, it does not remove your name from the mortgage.

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3 Answers | Asked in Divorce and Real Estate Law for Florida on
Q: I need help with house in a divorce

I have a mortgage loan with my ex wife. The loan Is With Regions bank. They won't do an assumption or refinance. They told me I have to go through court to have name removed. How do I do that? Property is in chipley, fl

Stephen K. Hachey
Stephen K. Hachey answered on Jun 1, 2020

An assumption or refinance are the only options to remove a name from a mortgage.

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3 Answers | Asked in Real Estate Law for Florida on
Q: What do I need to do to purchase vacant lot behind us. Owner has agreed to price. What do we do next?

she wants us to handle it all and I do not really know where to start. I have been told I do not need a lawyer or realtor, please advise.

Stephen K. Hachey
Stephen K. Hachey answered on May 29, 2020

Sales contract, followed by due diligence period, followed by closing with title search and insurance.

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1 Answer | Asked in Real Estate Law for Florida on
Q: Do code enforcement liens stay with a bank foreclosed home. Will I be responsible for the debt once I take ownership?
Stephen K. Hachey
Stephen K. Hachey answered on May 28, 2020

Yes, in FL, code enforcement liens stay with the property and are not wiped out via foreclosure.

3 Answers | Asked in Real Estate Law for Florida on
Q: my boyfriend and I have 2 houses one on each name. how do we do a quit claim deed to the other person in case of death

We would like to put the home on both names but also make sure the home belongs to the other person in case of death to make sure nobody else can get the home

Stephen K. Hachey
Stephen K. Hachey answered on May 27, 2020

Since you are not married, a Lady bird deed may be another good option.

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2 Answers | Asked in Real Estate Law for Florida on
Q: How do I remove a non-occupying co-borrower from my mortgage?

My mother signed as a non-occupying co-borrower when I bought my house. Last night she told me she is going to rent my house to me through a realtor so that it looks like it's income if she wants to buy a house. I live in the house, pay all the bills. She literally has nothing to do with the... Read more »

Stephen K. Hachey
Stephen K. Hachey answered on May 21, 2020

How do I remove a non-occupying co-borrower from my mortgage?

Refinancing is the best option.

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2 Answers | Asked in Real Estate Law for Florida on
Q: Hi, I am 50/50 part owner of my house in Loxahatchee. I want to buy out the other party but I’m not sure how it works.

Would the buy out cost be the remainder of the mortgage or half of the current market value? Any information would be helpful. Thank you, sincerely

Stephen K. Hachey
Stephen K. Hachey answered on May 20, 2020

The other owner is not legally required to accept a buyout. If a buyout were to occur, most parties want the purchaser to refinance the mortgage in their name only plus cash for ~1/2 the equity. A partition action may also be a option. See my website for more information regarding a partition... Read more »

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1 Answer | Asked in Real Estate Law for Florida on
Q: repercussions of being on mortgage but not note

I quit claimed deed, Im not on note but on mortgage . What could happen if house id foreclosed on? Would I have repercussions because of it?

Stephen K. Hachey
Stephen K. Hachey answered on May 19, 2020

If you are not on note, then you are not financially obligated for the debt. With that being said, a foreclosure may still show up on your credit report.

2 Answers | Asked in Real Estate Law for Florida on
Q: can i defer payment for condo association in broward county florida for 2nd qtr maintenance fees due to covid 19 issues

i am asking as a homeowner my hoa for a repayment or forebearance payment plan with condo association they denied any type of repayment plans related due to covid 19

Stephen K. Hachey
Stephen K. Hachey answered on May 9, 2020

It’s up to the HOA. If it’s denied, then it’s denied.

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3 Answers | Asked in Real Estate Law for Florida on
Q: If 2 people own as joint tenants with survivorship, can 1 of those tenants deed their interest to a third person?

Can 1 of those joint tenants transfer their interest to a third person without the other joint tenant's signature?

Stephen K. Hachey
Stephen K. Hachey answered on May 9, 2020

In FL, yes.

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2 Answers | Asked in Real Estate Law, Estate Planning and Tax Law for Florida on
Q: I have a quitclaim deed written as joint tenants with full rights of survivorship. Does the mortgage transfer? (Florida)

I live in Land O Lakes, FL. My mother passed away in November. We have lived in the same house together since the house was built in 1998. We have a quitclaim deed written as joint tenants with full rights of survivorship.

I have continued to pay the mortgage, on time, but recently... Read more »

Stephen K. Hachey
Stephen K. Hachey answered on May 3, 2020

No, the mortgage does not transfer.

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3 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Former roommate moved away but left things in my house, saying she'll get them later. Can I dispose of them?

My former roommate got married, bought a house, and moved out of my house. However, she left a LOT of things here. She keeps saying that she'll come and get them, but she hasn't yet. She was paying rent while she was living here, and after a recent argument, she paid rent for another... Read more »

Stephen K. Hachey
Stephen K. Hachey answered on May 2, 2020

You will need to file an eviction lawsuit to remove the belongings.

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3 Answers | Asked in Landlord - Tenant and Real Estate Law for Florida on
Q: I have a Tenant who said she is not paying me rent because she lost her job during Covid19 pandemic.

I have a house that I rent out a studio. The lease was up 2 months ago and the tenant was paying month to month without me renewing the lease. Last month I caught her smoking marihuana ( she showed me her medical marihuana license) but my lease agreement states no smoking allowed so I asked her to... Read more »

Stephen K. Hachey
Stephen K. Hachey answered on Apr 5, 2020

Legally, you can start the eviction process for non-payment of rent. However, most counties will not complete the process by executing a writ of possession (aka removing her from the property) due to the pandemic.

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2 Answers | Asked in Real Estate Law for Florida on
Q: I live in Florida and have been approved to purchase home in GA we are approaching the closing table in 14 days

Due to the coronavirus we wish to cancel the purchase of the Georgia home and are afraid of the financial repercussions or the seller and broker suing us. Can we legally get out of the real estate contract due to the coronavirus?

Stephen K. Hachey
Stephen K. Hachey answered on Mar 18, 2020

Georgia contract = Georgia attorney. A Georgia attorney would need to review the contract for your legal options.

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1 Answer | Asked in Real Estate Law for Florida on
Q: Can I legally make my adult son who lives with me get rid of his cat? And if not, how long would it take to evict him?

The cat has behavioral problems that don't endanger anyone but are annoying. My son does not pay rent. The cat belongs to him, the house belongs to me, and he gets his mail here. I have not yet decided to tell him the cat must leave but if I do I'm sure he will do anything to prevent it... Read more »

Stephen K. Hachey
Stephen K. Hachey answered on Jan 27, 2020

If your son does not pay rent, you would need to file an unlawful detainer lawsuit.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: I am in Florida. If I file a Quitclaim Deed, will my name be taken off the mortgage?

I bought a house with my boyfriend and we got married the next year. Now we are separating. Our loan is behind about 3 years of payments. We filed bankruptcy a couple of years ago and we are no longer liable for the debt. The bankruptcy lawyer told us that the bank would want to foreclose on the... Read more »

Stephen K. Hachey
Stephen K. Hachey answered on Jan 27, 2020

No, a quit claim deed does not remove your name from the mortgage.

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